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2023 Legislative Session Update: Week 4 (Jan. 30-Feb. 5)

Feb 6, 2023
Floor action began this week at the Washington State Legislature. Simultaneously, bills continue to be introduced, heard in committees, and amended. Read for an update of WSDA’s week four activities in Olympia.

Floor action began this week at the Washington State Legislature. Simultaneously, bills continue to be introduced, heard in committees, and amended. Below is an update of WSDA’s week four activities in Olympia.

Expanding Access to the Workers' Compensation Stay-At-Work Program Through Off-Site Light Duty Return to Work Opportunities (Senate Bill 5368)

SB 5368 expands the Stay at Work Program by allowing employers to offer offsite light duty work with third party nonprofit organizations approved by the Department of Labor and Industries (L&I) to injured employees. Currently, frontline workers, particularly in small businesses, are less likely to have access to remote light duty work, which can lead to increased workers’ compensation costs for these employers.

Further, SB 5368 would be beneficial to WSDA’s Retro program, which provides a no-cost, no-risk way for WSDA member dentists who own dental practices to earn refunds on their workers’ compensation premiums paid to L&I.

SB 5368 is similar to House Bill 1137, and more information on HB 1137 can be found on the WSDA blog.

WSDA testified in support of SB 5368 during the bill’s public hearing in the Senate Labor & Commerce Committee on Feb. 2, and testimony can be viewed on TVW [55:50-58:55].

Collecting Health Care Professionals' Information at the Time of License Application and License Renewal (House Bill 1503)

HB 1503 requires applications for licensure on or after July 1, 2024, to include the applicant’s race, ethnicity, gender, languages spoken, provider specialty (where applicable), primary practice location, and secondary practice location. All license holders shall provide the above information when they renew their licenses on or after July 1, 2024.

HB 1503 passed out of the House Postsecondary Education & Workforce Committee unanimously on Feb. 3.

WSDA signed in PRO on HB 1503.

Increasing the Health Care Workforce by Authorizing Out-of-State Providers to Practice Immediately (House Bill 1547)

HB 1547 relates to increasing the health care workforce by authorizing out-of-state providers to practice immediately. The bill only authorizes a provider to provide the services and procedures authorized by the state in which the health care provider holds an active license, and in order to practice, certain health care entities must submit documentation to the Department of Health. Documentation includes personal identifiable information; the state or US territory where the provider holds an active license and license number; and a signed attestation confirming the provider holds an active and current license, there are no liability or malpractice claims against the provider, and the license has not been encumbered. A provider needs to maintain an active and unencumbered license in another state or US territory at all times while practicing in Washington.

HB 1547 applies to health care providers who practice in the following settings: hospitals; nursing homes; behavioral health agencies; ambulatory diagnostic, treatment, or surgical facilities; community health centers; and medical test sites.

WSDA signed in PRO on HB 1547.

Establishing the Office of Career Connect Washington (Substitute Senate Bill 5305/House Bill 1374)

SSB 5305/HB 1374 creates the Office of Career Connect Washington (office) within the Washington Student Achievement Council (WSAC). The bill modifies language relating to the Career Connected Learning CrossAgency Work Group (work group) and related grant programs and adds additional members to WSAC.

The office oversees implementation of the Career Connect Washington vision, leads and staffs the work group, and measures performance of Career Connected activities. Business, labor, education, and community leaders are members of the work group and industry groups are stakeholders in the planning process.

A substitute bill, SSB 5305, was introduced and passed out of the Senate Early Learning & K-12 Education Committee on Jan. 30. Substantial changes from the original bill to the substitute bill include revising language to include coordination with key stakeholders as one of the duties of the office and adding various representatives to the work group.

WSDA signed in PRO on SSB 5305.

Concerning Injured Workers’ Rights During Compelled Medical Examinations (Substitute House Bill 1068/Senate Bill 5212)

SHB 1068/SB 5212 allows an injured worker to make an audio and video recording of an independent medical examination, and also allows one person of the worker’s choosing present during the examination, with the exception that the guest is not the worker’s legal representative.

A substitute bill, SHB 1068, was introduced and passed out of the House Labor & Workplace Standards Committee on Jan. 24. Substantial changes from the original bill to the substitute bill include specifying that the worker may not hold the recording equipment while the examination is occurring and specifying that the third-party observer may not be an employee of the worker’s legal representative, the worker’s attending provider, or the attending provider’s employee.

WSDA signed in CON on SHB 1068.


Update on Legislation from Weeks 1-3 Blogs

Concerning Dental Hygienists (HB 1287)

HB 1287 removes the requirement for hygienists seeking initial licensure in Washington state to have worked 560 hours over the past 24 consecutive months. This legislation addresses just one of several barriers to licensure, and WSDA believes a more comprehensive approach, as is proposed in HB 1466, is needed. 

HB 1287 passed the House of Representatives unanimously on Feb. 2, and floor action can be viewed on TVW [25:05-27:35]. The bill will now move to the Senate for further consideration.

WSDA testified in support of HB 1287 during the bill’s public hearing in the House Postsecondary Education & Workforce Committee on Jan. 24, and testimony can be viewed on TVW [28:34-29:41].

Concerning Water Systems' Notice to Customers of Public Health Considerations (Substitute House Bill 1251/Senate Bill 5215)

SHB 1251/SB 5215 requires a public water system considering discontinuing fluoridation of its water supply to notify its customers of its intentions at least 90 days prior to a vote or decision on the matter. SHB 1251/SB 5215 also provides that a public water system that violates the notification requirements must continue fluoridation until the notification requirements have been satisfied.

A substitute bill, SHB 1251, was introduced and passed out of the House Local Government Committee on Jan. 27. Substantial changes from the original bill to the substitute bill include removing the intent section, along with removing the requirement that a public water system that considers discontinuing fluoridation of its water supply seek and receive the most current information about the public health impacts of community water fluoridation at least 90 days prior to making the decision on the matter, and that the public water system provide this information to its customers.

Dr. Chris Delecki, former WSDA President, testified in support of HB 1251 during the bill’s public hearing in the House Local Government Committee on Jan. 24, and Dr. Delecki’s testimony can be viewed on TVW [58:30-1:00:54].

Military Spouse Employment (Substitute House Bill 1009)

SHB 1009 establishes that a licensing authority must issue a license or a temporary license to a military spouse within 30 days of receipt of a completed application for licensure. The bill defines military spouse as “any person married or previously married to a military service member, irrespective of the length of the marriage, during the military service member's service in any branch of the United States armed forces as an active-duty service member, reservist, or national guard member.” SHB 1009 requires certain state agencies, including the Department of Health and Department of Licensing, to establish a military spouse assistance webpage. The bill encourages licensing authorities to review their licensing application process for military spouses, identify barriers to military spouse employment, and appoint a military spouse to serve on their licensing board or commission. Finally, SHB 1009 allows a military spouse to terminate an employment contract without penalty after his or her service member spouse receives orders for a permanent change of station.

A substitute bill, SHB 1009, was introduced and passed out of the House Innovation, Community & Economic Development, & Veterans Committee on Jan. 13. Substantial changes from the original bill to the substitute bill include requiring an authority to issue a qualified military spouse a license or a temporary license within 30 days of receiving a completed application, rather than within 30 days of submission of a completed application. Additionally, the substitute version specifies the requirement for expediting professional licensing for military spouses goes into effect on Oct. 1, 2023.

WSDA signed in PRO on SHB 1009.


Questions?

Please contact WSDA at info@wsda.org.